Hospitality

September 22, 2023
9th Circ. Revives Hyatt Workers' Suit Over COVID-19 Layoffs

The Ninth Circuit on Friday held that Hyatt Corp. was indeed required to immediately pay its employees their accrued vacation pay when it laid them off during the COVID-19 pandemic, partly resurrecting a proposed class action brought by former Hyatt employees in California.
September 22, 2023
Marriott Hit With $20M Verdict In Calif. Worker's Disability Suit

A San Francisco jury said Thursday that the Marriott Marquis hotel must pay $20 million in damages after finding that it failed to engage in an interactive process and to provide reasonable accommodation to one of its disabled employees.
September 22, 2023
Judge Calls Some Of Trump's Args 'Crazy' In NY Fraud Case

A New York state judge on Friday pounded the bench as he expressed frustration with arguments made by Donald Trump's attorneys over what claims, if any, he can rule on ahead of trial in the massive fraud case against the former president, his sons and their business, calling some recurring arguments "literally crazy."
September 22, 2023
Panel Rejects 'Absurd' Airbnb Arbitration Clause In Injury Suit

An Illinois appellate panel on Friday rejected Airbnb's bid to arbitrate a lawsuit over injuries suffered by a man at a house booked through the short-term rental platform by his friend, saying an "absurd consequence" would result if the man was forced into arbitration just because he had an account on the website.
September 22, 2023
Parties In Mich. Zoning Spat Told To Withhold Settlement Details

A judge has warned the participants in a dispute over a group of Michigan wineries' ability to operate free of local zoning constraints not to share details of settlement discussions with anyone other than him and counsel for the three parties.
September 22, 2023
Businessman Can't Dig Into Former Hot Dog Eatery Partner

The North Carolina Business Court on Friday denied a businessman's request to sit his former partner down and question him as part of a lawsuit alleging that the partner cut him out of a deal to purchase hot dog restaurants, reasoning that the deadline for interrogation passed months ago.
September 22, 2023
NYC Tour Lines Look To Toss Rival's Antitrust Case

A group of New York City tour bus operators has asked a federal judge to throw out a rival's most recent antitrust case accusing them of working to block it from key partnerships with city attractions, arguing that the competitor still hasn't plausibly claimed a restraint of trade.
September 22, 2023
MGM Hit With Proposed Class Action Over 10-Day Cyberattack

MGM Resorts International has been hit with a proposed class action alleging its negligence led to the 10-day cyberattack earlier this month and the company's "utter failure" to protect consumers' sensitive data presents risks to the data breach victims that "will remain for their respective lifetimes."
September 22, 2023
SPAC To Liquidate After Failed Merger With Casino Owner

Special-purpose acquisition company 26 Capital Acquisition Corp. plans to liquidate after its failed bid to acquire the owner of Philippines casino operator Okada Manila, ending prospects for a deal that was tied up in litigation after the SPAC accused its merger target of stalling.
September 22, 2023
UK Litigation Roundup: Here's What You Missed In London

The past week in London has seen the liquidators of a defunct gold dealership sue NatWest after it failed to detect a massive money laundering scheme, a Ukrainian airline and an aircraft lessor launch a claim against insurers, and the University of Sheffield sue AstraZeneca after a long-running deal to develop a cancer treatment. Here, Law360 looks at these and other new claims in the U.K.
September 21, 2023
IP Forecast: Texas Jury To Hear Point-Of-Sale Patent Fight

A federal jury in Waco next week is set to hear a patent licensing business' allegations that e-commerce brand Lightspeed infringed a pair of decade-old patents covering point-of-sale programming. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
September 21, 2023
Investors Urge Discovery Of Movie Mogul's Wife In Award Spat

Investors looking to collect on a half-billion-dollar arbitral award against a Chinese cinema magnate have told a New York federal judge that the man's wife must not hide discovery necessary to collect on the judgment, saying she can't rely upon her legal protections as a spouse.
September 21, 2023
Canadian Tribe Denied More Time To Appeal Purdue Injunction

A New York bankruptcy judge Thursday denied a Canadian First Nation's request to extend its deadline to appeal an injunction blocking it from moving forward with a state court opioid suit against bankrupt drugmaker Purdue Pharma LP.
September 21, 2023
DOI Seeks Alternative Ruling in Ala. Burial Grounds Dispute

The U.S. Department of the Interior is asking the Eleventh Circuit to reconsider an alternative to a lower court's ruling that dismissed it as a defendant in a dispute between two Alabama tribes over a historic burial ground site, saying the case raises complex questions about other sovereigns as parties in challenges to federal actions.
September 21, 2023
Panel Lifts Restrictions On Ga. Gas Station In Nuisance Case

Restrictions on the operation of a gas station and convenience store considered by the city of Atlanta to be a public nuisance were imposed without authority by a municipal judge, the Georgia Court of Appeals has ruled.
September 20, 2023
NC Biz Court Pares Down Mismanagement Fight

A North Carolina judge has partly favored the majority owner of a commercial bed skirt company in a mismanagement dispute with the minority owners, finding she isn't liable for fraud based on $89,000 she paid herself from company accounts because it was actually her rightful income.
September 20, 2023
Fla. Judge Denies Bid To Stop Subpoena In Banyan Cay Ch. 11

A Florida federal bankruptcy judge has denied a bid by a Colorado-based property investment company to block a subpoena filed by debtors in the Banyan Cay Resort and Golf Club Chapter 11 case after the company mysteriously walked away from a deal to take possession of the property in July.
September 20, 2023
Mastercard Gets Wawa $10.7M Data Breach Fee Suit Trimmed

A New York federal judge has trimmed convenience store chain Wawa's suit accusing Mastercard of illegally hitting its bank with a $10.7 million penalty in the wake of a purported data security incident, tossing all claims but one.
September 20, 2023
Auburn Tells 11th Circ. It Is Neutral In Burial Grounds Dispute

Auburn University says it stands ready to cooperate with any possible relief requests should an Eleventh Circuit panel revive a lawsuit between two Alabama tribes over access to a 17th-century burial site where Native remains were removed to make way for a multimillion-dollar hotel and casino.
September 20, 2023
Firm's Privilege Row Among 'Strangest' For 3rd Circ. Judge

The Third Circuit on Wednesday pondered what happens when state attorney-client privilege law intersects with federal judicial estoppel in the case of a gambling machine company that sued its former counsel, Eckert Seamans Cherin & Mellott LLC, for representing a casino it considered adverse to its interests, with one judge placing it among the "strangest" matters he's ever mulled.
September 20, 2023
Bojangles Owes OT To Managers In Name Only, Workers Say

Assistant restaurant managers for fried chicken chain Bojangles are managers in name only and are thus entitled to time-and-a-half overtime pay under the Fair Labor Standards Act, workers said in a proposed collective action filed in North Carolina federal court.
September 19, 2023
MSG Announces Post-Spinoff Stock Sale And $50M Buyback

Madison Square Garden's former parent, now known as Sphere Entertainment Co., is selling 7.15 million shares of MSG Entertainment stock on the secondary market following a corporate spinoff earlier this year, the New York-based entertainment business has announced.
September 19, 2023
Calif. Buyers Score Cert. Bid In Hidden Insurance Fee Suit

A California federal judge partially certified a class of travel insurance buyers litigating a class action against Travel Guard Group Inc. and affiliated companies on grounds they stack hidden fees on top of insurance travel premiums.
September 19, 2023
Calif. Ski Resort Found Not Liable For Snowmobile Collision

A California appeals court has cleared a ski resort from a suit by one of its patrons over injuries he suffered when he collided with one of the resort's snowmobiles, finding that he had expressly assumed responsibility for the risk when he signed the resort's waiver.
September 19, 2023
NYC Must Face DoorDash, Grubhub Suit Over Fee Caps

A Manhattan federal judge said Tuesday that DoorDash, Grubhub and Uber Eats plausibly alleged that New York City unconstitutionally capped fees that food delivery apps could charge restaurants, advancing a lawsuit accusing the city of using the pandemic as a pretext for protectionist legislation.

Editor's Picks

Foley Reps Hospitality REIT In $260M Buy Of Texas Property

Foley & Lardner LLP said it has represented real estate investment trust Ryman Hospitality Properties Inc. in its $260 million acquisition of the Block 21 mixed-use development complex that occupies an entire city block in downtown Austin, Texas.

Expert Analysis

How A Gov't Shutdown Would Affect Immigration Processing

While a government shutdown would certainly create issues and cause delays for immigration processing, independently funded functions would continue for at least a limited time, and immigration practitioners can expect agencies to create reasonable exceptions and provide guidance for navigating affected matters once operations resume, say William Stock and Sarah Holler at Klasko Immigration Law Partners.
Opinion

Private Equity Owners Can Remedy Law Firms' Agency Issues

Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
How To Protect Atty-Client Privilege While Using Generative AI

When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
How New Lawyers Can Leverage Feedback For Growth

Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
Series

In A 'Barbie' World: Boosting IP Value With Publicity Machines

Mattel's history of intellectual property monitoring, including its recent challenge against Burberry over the "BRBY" trademark ahead of the "Barbie" film, shows how IP enforcement strategies can be used as publicity to increase brand value and inform potential collaborations, says Carly Duckett at Shepherd and Wedderburn.
Series

ESG Around The World: Australia

Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.
Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
ABA's Money-Laundering Resolution Is A Balancing Act

While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
A Festival Of Litigation Could Arise From 'Electric Zoo' Fiasco

Over Labor Day weekend, thousands of electronic dance music fans were displeased with the organization of the New York City-based Electric Zoo festival, which quickly elicited comparisons to the 2017 Fyre Festival — and three kinds of litigation could ensue from the debacle, say attorneys at Seiden Law.
Law Firm Professional Development Steps To Thrive In AI Era

As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
What Upholding Of Short-Term Rental Law Means For NYC

A New York state judge's dismissal of Airbnb's challenge against the Short-Term Rental Registration Law will benefit the city's hospitality industry and exert downward pressure on apartment rents, and potentially provide a model for other local governments around the U.S. to curb short-term apartment rentals, says Alexander Lycoyannis at Holland & Knight.
The Basics Of Being A Knowledge Management Attorney

Excerpt from Practical Guidance

Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
The 7 Most Notable FCRA Cases Of 2023 So Far

Both consumer reporting agencies and furnishers should take note of Fair Credit Reporting Act decisions by federal district and appellate courts so far this year, especially those concerning dispute processing and the distinction between legal and factual inaccuracies, say attorneys at Troutman Pepper.
To Hire And Keep Top Talent, Think Beyond Compensation

Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
Perspectives

More States Should Join Effort To Close Legal Services Gap

Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.